Affiliate Agreement For Original Duckhead On ShareASale
Effective Date: 30/08/2024
This Affiliate Agreement (hereinafter referred to as the “Agreement”) is made and entered into by and between Original Duckhead (hereinafter referred to as the “Company”), with its principal place of business at [4 Scout Lane, London, United Kingdom, SW4 0JY], and the Affiliate (hereinafter referred to as the “Affiliate”), participating through the ShareASale platform. This Agreement outlines the terms of the affiliate partnership between the Company and the Affiliate and is a legally binding contract.
By enrolling in the Original Duckhead affiliate program, the Affiliate agrees to abide by the terms and conditions set forth in this Agreement.
1. Affiliate Program Overview
The Affiliate will promote Original Duckhead’s products through various approved channels (websites, social media, etc.) using unique affiliate links provided by the ShareASale platform. The Affiliate will earn a 20% commission on qualifying sales (conversions) made through their referral link. This is a pay-per-conversion model, meaning commissions are earned based on completed sales only.
2. Enrollment in the Affiliate Program
To participate in the program, Affiliates must submit an application via ShareASale.
The Company reserves the right to approve or reject any application at its sole discretion.
The Affiliate must maintain an active ShareASale account and keep all contact information up to date.
3. Commission Structure
Commission Rate: The Affiliate will earn 20% of the net sale price of each valid transaction, excluding taxes, shipping, discounts, and any refunds.
Qualifying Sales: Sales must meet the following conditions to qualify for commissions:
A purchase must be completed through the Affiliate’s unique referral link.
The sale must occur within 30 days of the user clicking on the Affiliate’s link (cookie duration).
The sale must not be cancelled, returned, or flagged as fraudulent.
Payout: Payments will be processed by ShareASale according to their payment schedule. The Company is not responsible for any payment delays or issues caused by ShareASale’s systems.
4. Compliance Strategy and Key Legal Considerations
To ensure a successful and legally compliant affiliate partnership, both the Company and the Affiliate must adhere to best practices in the following key areas:
1. PPC Compliance (Pay-Per-Click Advertising)
• Brand Bidding: Affiliates are prohibited from bidding on the Company’s trademarks, domain names, or any variations or misspellings thereof. This includes keywords like “Original Duckhead” or “OriginalDuckhead.com”.
• Affiliates may not use the Company’s brand in PPC ads or ad text. However, the Company may authorise a trusted affiliate to bid on specific brand-related keywords. Unauthorised PPC brand bidding will result in immediate termination of the affiliate relationship.
• Negative Keywords: Affiliates using PPC should apply appropriate negative keywords (e.g., “coupon”) to prevent accidental broad matching that could undermine brand integrity.
2. Coupon Compliance
Affiliates who promote coupons must adhere to the Company’s coupon policy. The following guidelines apply:
• Affiliates may not engage in PPC bidding on keywords such as “Original Duckhead Coupons” or use the brand name to promote unauthorised coupon codes.
• Affiliates may not create coupon codes without explicit permission from the Company.
• Coupon Affiliates should not use tactics like “Click to Reveal” coupon codes unless explicitly authorised.
• Last-Click Attribution: If a user clicks through a blog post or product review and subsequently uses a coupon site to complete the purchase, commissions will only be paid to the original referrer unless otherwise agreed upon.
3. Sales Tax and Government Regulation Compliance
• Sales Tax Compliance: Affiliates must comply with all applicable sales tax laws. In particular, Affiliates located in states with nexus tax laws (such as New York, North Carolina) must be aware that the Company may need to collect sales tax on purchases if required by law.
• The Company may ask Affiliates in certain states to provide a signed document certifying that they do not perform solicitation activities in those states that would trigger nexus tax obligations.
• The Company will review this documentation annually to ensure compliance.
• The Affiliate agrees to comply with all applicable laws, including but not limited to:
Federal Trade Commission (FTC) Guidelines: Affiliates must disclose that they are compensated for referrals when promoting the Company’s products.
General Data Protection Regulation (GDPR): Affiliates must adhere to all data privacy regulations applicable to their users.
5. Affiliate Responsibilities
• The Affiliate is responsible for promoting Original Duckhead products in an honest, ethical, and lawful manner.
• The Affiliate must not engage in deceptive practices, including but not limited to:
Misleading product claims.
Spamming.
Use of unauthorised discount codes.
Manipulating tracking links or clicks.
• Affiliates must not use any illegal or morally questionable platforms (such as sites with adult, hate, or illegal content) for promotion.
6. Termination
• Termination by Either Party: Either party may terminate this Agreement at any time by providing written notice. Upon termination, the Affiliate must remove all marketing materials and links related to Original Duckhead from their platforms.
• Immediate Termination: The Company reserves the right to terminate the Affiliate immediately if the Affiliate is found to be in violation of this Agreement, particularly concerning compliance with PPC, coupon, or sales tax regulations.
7. Marketing Materials and Restrictions
• Affiliates may only use approved banners, logos, and marketing materials provided by the Company via the ShareASale platform.
• Any modification of these materials is strictly prohibited unless authorised in writing.
8. Intellectual Property Rights
• The Affiliate is granted a non-exclusive, revocable licence to use the Company’s trademarks and marketing materials solely for the purpose of promoting the Company’s products under this Agreement.
• Any misuse of the Company’s intellectual property, including brand trademarks or copyrights, will lead to immediate termination of the Agreement.
9. Relationship of the Parties
• This Agreement does not create any employment, agency, partnership, or joint venture relationship between the Parties. The Affiliate is solely responsible for their own actions and expenses related to the promotion of the Company’s products.
10. Limitation of Liability
The Company will not be liable for any indirect, incidental, or consequential damages resulting from the Affiliate’s participation in the program. The Affiliate acknowledges that participation in the program is at their own risk.
11. Modification of Terms
The Company reserves the right to modify the terms of this Agreement at any time. Any changes will be communicated via the ShareASale platform or by email. Continued participation in the program following such modifications constitutes acceptance of the new terms.
13. Miscellaneous
• Assignment: The Affiliate may not assign this Agreement without the written consent of the Company.
• Entire Agreement: This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof.
Acknowledgment and Acceptance:
By applying for and participating in the Original Duckhead Affiliate Program on ShareASale, the Affiliate acknowledges and agrees to the terms and conditions outlined in this Agreement.
Company Contact Information:
• Original Duckhead Affiliate Program
• Email: iona@originalduckhead.com
• Address: 4 Scout Lane, London, United Kingdom, SW4 0JY
